Diplomatic protection and xenophobic violence in South Africa

From a Human Rights perspective one may argue that xenophobic attacks in South Africa led to violation of the right to life of foreigners by the South African government. The book found out that South Africa's legal obligations to protect the right to life of everyone in its jurisdiction is foreseen under the International Covenant on Civil and Political Rights (ICCPR), African Charter on Human and Peoples' Rights (ACHPR) and under the 1996 Constitution of the Republic of South Africa (CRSA). Secondly, the book concluded that South Africa did not comply with due diligence rule to ensure protection of the right to life of foreigners in South Africa during 2008 xenophobic violence which led to its failure to apply ICCPR, ACHPR and its CRSA, therefore legal obligations to make reparation in terms of international law arise. Finally, it concluded that the government of Mozambique may ask for compensation from the South African government on behalf of the deceased through negotiation, conciliation and consular action processes. It is hoped that a profound reflection on the subject matter may lead to justice as regards the next-of-kin of the deceased.

Autorentext

Américo Carlos Marindze has obtained his Honours Degree in Law (2008), Eduardo Mondlane University and LLM in Human Rights and Democratisation in Africa (2010), University of Pretoria. Since then he has taught International Human Rights Law and Public International Law in Mozambique. Member of Mozambique Bar Association and Practicing Advocate.